When divorce is inevitable and there is not a complete agreement, consider a divorce mediation attorney. A lawyer is not permitted to represent both parties in a divorce, but one lawyer may represent neither of them and help mediate an agreement.
In some marriages there comes a point when one or both of the spouses conclude it is time to go in separate directions. For some, this can come after much counseling and be a mutual decision. To others, it is a complete shock. Regardless of how they got there, the next step can feel like facing a void. Most people don’t know where to start, other than consult a divorce lawyer, which brings a new set of fears.
The thought of starting the process to end a marriage can be terrifying. In addition to worries about children and post-divorce family relationships, there is fear that lawyers and experts will consume much of the estate, reducing what is left for each spouse as they move on. There are lawyers who heighten ill will between spouses and seem to relish increasing tension and negative feelings. On the other hand, the notion of trying to unravel the estate and put in place reasonable and effective provisions for the children without expert assistance is daunting, especially on top of the emotions that change moment to moment.
A divorce mediation attorney can help both spouses work toward an agreement without representing either of them. With experience and knowledge, a good attorney can suggest fair options and help work through issues faced in separating lives, as well as devising a workable plan to co-parent if children are involved.
The Advantage Of Divorce Mediation With One Lawyer
The advantages of mediating with only one lawyer are the community estate is not paying for two attorneys or more, and the spouses can work toward an agreement at their own pace. Either party may seek the advice of an independent lawyer at any time and may choose to have the divorce decree reviewed to make sure it accurately reflects the agreement.
Brian McNamara – Divorce Mediation Attorney | Kingwood, TX
I have been a lawyer since 1992 and family law has always been a major part of my practice. Several years ago, I decided to devote my work entirely to helping resolve family law matters. People rarely choose to engage in divisive litigation. Experience has taught me that going to court never brings the satisfaction a spouse expects. By the time people realize a marriage is ending, most just want it done fairly and reasonably.
When I help mediate divorce or post-divorce issues, the spouses and I sign an agreement acknowledging that I do not represent either of them. My role as mediator is to help reach an agreement. In most cases, the divorce will not be filed until after an agreement has been signed.
The mediation process usually involves several meetings and is not like the mediation that takes place during a divorce. The typical mediation that is conducted while a case is already on file is attended by at least 5 people: The spouses, their lawyers, and the mediator. The process that this article is about involves only the spouses and one divorce mediation lawyer. Each meeting involves a few issues and ends with an agenda for the next meeting and information to be obtained and exchanged before then.
For more information about pre-filing mediation using only one lawyer, please contact The McNamara Law Office at 281-358-3444.
DISCLAIMER: This site and any information contained herein in intended for informational purposes only and should not be as legal advice. Seek competent legal counsel for advice on any legal matter.
© Copyright Brian McNamara 2016, may be reproduced with credit to the author.